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On the final day of 2020, the Eleventh District Court of Appeals (Portage County), held that an Ohio law which restricted the picketing of private homes and private offices of public officials was unconstitutional under both the United States and Ohio Constitutions – reversing the ruling of the Portage County Court of Common Pleas.
The appeal arose from a labor dispute between the Portage County Educators Association for Developmental Disabilities, OEA/NEA (the “Association”) and the Portage County Board of Developmental Disabilities (“Board”) and an ensuing two-month strike by the Association in 2017. During the strike, members of the Association were encouraged to, and participated in, picketing on public sidewalks and public streets in the general vicinity of the residences of six Board members, and the place of private employment of one Board member.
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Ohio Court Strikes Down Limits On Public Worker Picketing
Law360 (January 5, 2021, 8:23 PM EST) An Ohio law barring unions from supporting pickets outside the homes or private offices of representatives of public employers during a labor dispute is unconstitutional, a state appeals court has ruled, saying the law restricts speech based on content without supporting a state interest.
The unanimous three-judge panel of the Eleventh Appellate District reversed a lower court ruling finding that the Portage County Educators Association for Developmental Disabilities Unit B violated Ohio law by picketing the homes of six members of the Portage County Board of Developmental Disabilities during a dispute over the union s collective bargaining agreement.